[HISTORY: Adopted by the Board of Trustees of the Village
of Livonia 2-13-1991 by L.L. No.
1-1991. Amendments noted where applicable.]
[Amended 5-27-1998 by L.L. No. 6-1998]
It is the intent of the Village of Livonia, as an exercise of
its police power, to promote the health, safety and welfare of the
residents and inhabitants of the Village of Livonia by enacting this
chapter, since it is the finding of the Board of Trustees that the
possession of open containers of alcoholic beverages, with the intent
to consume, by persons on certain public lands, except under controlled
conditions, is detrimental to the health, safety and welfare of the
residents of the Village in that such possession contributes to the
development of unsanitary conditions and to the creation of nuisances,
including but not limited to littering and raucous or other disorderly
behavior. It is further the intent of the Village of Livonia that
this chapter not be considered as a traffic regulation insofar as
it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following shall have the
meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular usage.
Alcohol, liquor, spirits, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by human beings.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Includes any of the following:
[Added 5-27-1998 by L.L.
No. 6-1998]
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York.
[Added 5-27-1998 by L.L.
No. 6-1998]
Any highway, street, sidewalk, park, municipally owned parking
lot, cemetery, playground or another location generally open to the
public.
The Village of Livonia.
No person shall:
A.
The foregoing prohibition shall not apply in the event of a fair,
picnic or other community gathering at which alcoholic beverages are
served for which special permission has been granted by the Village.
B.
The foregoing prohibition shall not apply to the transportation of
an unsealed but not open container across public lands of the Village
from one point to another with no intent to consume the contents of
such open container while upon such public lands.
C.
Special permission as hereinabove referred to may be granted by the
Village Board of Trustees upon such terms and conditions as such Board
may reasonably determine are necessary to protect the general health,
safety and welfare of the residents and inhabitants of the Village.
This chapter shall apply to all persons in public places in the Village except as provided in § 66-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of New York State.
[Amended 5-27-1998 by L.L. No. 6-1998]
Each violation of this chapter shall be punishable by a fine
not exceeding $250 for each offense or by imprisonment in jail not
to exceed 15 days or both. Each separate violation shall constitute
a separate additional violation.
